Yes, you can sell it. Louisiana lets a surviving spouse and the heirs title and sell a deceased person’s vehicle with an Affidavit of Heirship, and no court case is needed first.
We’re sorry about your loss. Sorting out a car is one more task on a long list, so this page keeps it simple.
The Affidavit of Heirship route
State law requires the Office of Motor Vehicles (OMV) to give surviving spouses, heirs and legatees a way to put a deceased owner’s vehicle in their names. That’s R.S. 32:707.1. The OMV’s procedure for it is Policy 18.02.
It asks for these items:
- Vehicle application, form DPSMV1799.
- Proof of death: a death certificate or a published obituary.
- The Affidavit of Heirship, form DPSMV1696, signed by the surviving spouse and every heir and legatee, and notarized.
- The will, or a notarized summary of its vehicle provisions, if there was a will.
- The title and registration if you have them. If they’re lost, say so on the affidavit.
- A photo ID copy for each owner.
- An odometer statement if the car is going to a third party.
Who signs the bill of sale
Once the affidavit is done, the next question is who signs to sell. Policy 18.02 says that when there’s a surviving spouse, only the spouse has to sign the notarized bill of sale. When there’s no surviving spouse, every heir signs it.
If family members live in different cities, start collecting signatures early. A notary has to witness each one.
When this route stops working
The affidavit can’t be used once a succession has been opened and a judgment rendered. At that point the route is the Judgment of Possession. Policy 18.00 asks for the vehicle application plus a certified copy of the judgment. A surviving spouse with usufruct may title or sell the car. Otherwise every heir signs a notarized bill of sale or act of donation.
You may have heard about a $200,000 figure. The small succession threshold for a Louisiana resident did rise to $200,000 on August 1, 2026, under Act 293 of 2026. That’s a court-procedure rule for the estate as a whole. Don’t treat it as a limit on the Affidavit of Heirship, because the OMV policy lists no dollar cap.
A lost title won’t be fixed quickly
Many families can’t find the title. Normally you’d order a duplicate, but under Policy 15.00 a duplicate title can’t be issued in a deceased owner’s name, unless the duplicate affidavit was completed and notarized before the death. So go through the heirship route and say the title is lost on the affidavit.
What it costs
The fees are small next to the paperwork.
According to Policy 18.02, the title fee is $68.50. Transfers by will or by intestate succession are tax free.
The order that usually works
First, confirm no court succession has been opened and judged. If one has, you’re on the Judgment of Possession route instead. Second, gather the death certificate or obituary, the IDs and the will if there is one. Third, get the heirs together, or in touch, to sign the affidavit in front of a notary. Fourth, finish the notarized bill of sale with whoever has to sign it. Each step relies on the one before, so a missing signature early on stalls everything after it.
Checklist
| Item | Where it comes from | Done |
|---|---|---|
| Death certificate or published obituary | Vital records, or the newspaper | |
| Vehicle application DPSMV1799 | OMV | |
| Affidavit of Heirship DPSMV1696 | OMV, signed by spouse and all heirs, notarized | |
| Will or notarized summary | Family papers or the succession attorney | |
| Title and registration | Glove box or files; say so on the affidavit if lost | |
| Photo ID copy for each owner | Each heir | |
| Odometer statement | Seller, if transferring to a third party | |
| Notarized bill of sale | Spouse alone, or all heirs if no spouse | |
| $68.50 title fee | Paid with the paperwork |
If the car is junk, call first
Don’t spend a week gathering papers before you know what the car needs. If it doesn’t run, it may count as an auto hulk. Under R.S. 32:702, that’s material that is or may have been a motor vehicle, isn’t self-propelled, can’t carry people or property on a public road, and is worth the most as parts or scrap.
For hulks, R.S. 32:718 lets an owner sell to a licensed dismantler on a signed affidavit instead of a title. OMV Policy 120.00 names that form DPSMV1801. Whether your car qualifies depends on its condition and on the paperwork you hold, so tell us what you have and we’ll tell you straight.
The same statute has the buyer keep the affidavit, the seller’s name and address, a copy of the seller’s driver’s license or state ID, and the VIN for two years. So expect to show ID, and expect a few questions about who owns the car now. That’s normal, and it protects the family too.
Call or text us
Cars we buy go to a towing and salvage yard on Paris Road in Chalmette, in business about 38 years. Take your time. You don’t need every paper in hand to ask us a question.
Call or text us at (504) 708-5950 and tell us the year, make and model, its condition, what title paperwork you have, and where the car is parked.